Migration routes
The Judges, at the time of writing the sentence, deemed it necessary to ask the Director of ISPRA, Piero Genovesi, Commissioner appointed to identify the crossings “affected by migration routes” that by law must be forbidden to hunting, to provide clarifications. On the one hand, in fact, with a technical document, ISPRA has attached a list of 475 mountain passes in Lombardy “affected by migration routes”, including in this list also the passes that fall within areas of 5 km x 5 km on each side (25 km squared) in which there is even a single fixed hunting post. Moreover, ISPRA has clarified that it does not have specific data regarding migration routes and therefore has limited itself to indicating the passes on which during the season there may be the presence of some migrants based on indirect indicators (such as the presence of a fixed post in an area of 25 km squared).
What the TAR asks
On the other hand, the Commissioner in his explanatory and final report indicated as border crossings to be closed to hunting only 34 of those on the list of 475 (19 to be closed with immediate effect, and in fact already closed; 15 to be closed if it is not demonstrated within two years that they are not along the migration routes: these too are almost all already closed today and therefore would be reopened for at least 24 months ...). The TAR is now asking the Commissioner to explain why out of 475 border crossings, only these are to be closed, since in his report he did not give any reason for this. In our opinion, as we have already illustrated in the case to the Judge, the list of 475 border crossings (questionable even only from an orographic point of view) is not the list of border crossings located along the migration routes that cross Lombardy, but more properly only a list of border crossings falling within the areas where it is possible that during the hunting season there are migrants (in fact all of Lombardy): this is what emerges from reading the entire ISPRA document.
The motivations
In 15 days we will be able to read the Commissioner's reasons and at that point, at the hearing on April 9, the TAR will evaluate whether or not it will be able to decide the case by indicating to the Region which passes should be closed to hunting or it will also be able to ask the Commissioner for a new report. The response of the Director of ISPRA will certainly be clarifying in any case, but one thing is certain: if an entity like ISPRA on the one hand admits not knowing the migration routes and not having data on the passes and on the other identifies, in Lombardy alone, 475 passes "affected by migration routes" and the clarifications of the General Director were to be in the sense that all are relevant for the purposes of the hunting ban (the National Law actually intends to prohibit hunting at mountain passes in the strict sense, or those "bottlenecks" where migrants gather in large numbers), the legislator will have no choice but to intervene on ISPRA, on the passes, or on both (Source FEDERCACCIA LOMBARDIA).
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